MD

[2010] QCAT 215

CITATION:      MD [2010] QCAT 215

PARTIES:   MD

APPLICATION NUMBER:            GAA7741-09 GAA3267-10

MATTER TYPE:   Guardianship and Administration matters

HEARING DATE:   14 May 2010

HEARD AT:   Brisbane

DECISION OF:   C Endicott, senior member

DELIVERED ON:   14 May 2010

DELIVERED AT:   Brisbane

ORDERS MADE:   appointment of administrator revoked and application for approval of a financial management plan dismissed

CATCHWORDS: Review of appointment of administrator – section 31 of Guardianship and Administration Act 2000 – no jurisdiction - appointment revoked

APPEARANCES and REPRESENTATION (if any):

The hearing took place on the papers in the absence of the parties. 

REASONS FOR DECISION

1. On 5 November 2009 the Supreme Court of Queensland appointed the Public Trustee of South Australia as administrator for MD (the adult).

1. The appointment is being reviewed today on the basis of information on the Tribunal file. On 6 May 2010 notice of this review hearing was sent to the adult and to the persons to whom notice is required to be given by section 118 of the Guardianship and Administration Act 2000 (the Act). 

1. When conducting a review of an appointment of a guardian or administrator, the Tribunal must take into account section 31 of the Act which provides that the Tribunal must revoke its order making the appointment unless it is satisfied it would make an appointment if a new application for an appointment were to be made.

JURISDICTION

1. The first matter to be considered is whether the Tribunal has jurisdiction to make an order that will have the effect of continuing the appointment of an administrator for MD in Queensland.

1. The Tribunal exercises the jurisdiction given to it under the Guardianship and Administration Act 2000.   That Act is the result of law-making power exercised by the Queensland Parliament to implement a scheme for the appointment of substitute decision makers for adults with impaired decision making capacity.  All other States in Australia, including South Australia, have via statute set up similar schemes for the exercise of substituted decision making power for adults with impaired capacity.   An administrator has been appointed for MD in South Australia. 

1. The Queensland Act has limited operation outside of Queensland. The Tribunal considers that primarily laws for the peace, welfare and good government of Queensland must relate to persons who have a recognised connection to Queensland such as persons present or resident in Queensland. 

1. MD resides permanently outside of Queensland and according to the evidence she has no assets in Queensland. The Tribunal is satisfied that it would not be able to make an appointment of an administrator for MD if a new application were to be made to the Tribunal at this time. 

1. Under section 31(2) of the Act, the outcome of this review hearing must be that the appointment of the administrator in Queensland cannot be continued and must be revoked. The application for approval by this Tribunal of a financial management plan is necessarily dismissed.